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HomeMy WebLinkAbout11-15-83 CCMLAKE ELMO CITY COUNCIL MEETING November 15, 1983 The meeting was called to order by Mayor Eder at 7:00 p.m. in the City Hall. Councillors present: Frazer, Mazzara, Dunn. 1. Approval of Agenda: M/S/P Fraser/Dunn - to approve the City Council Agenda as amended: 9-a Proclamation: - Community Education Day. (4 ayes) 2. Approval of Minutes from 11/1/83 City Council meeting. M/S/P Fraser Mazzara - to approve the Minutes of the ll/l/83 City Council meeting amended as follows: Page 2, #8 "Tartan Meadow -Final Plat Approval -Developer's Agreement Discussion." Change from "to approve", to "to adopt Resolution #83-70"; and under the same heading, change the vote from 4 ayes to 3 ayes and 1 abstain (Fraser). (3 ayes 1 abstain <Eder>). 3. Approval of Claims List (including 1006 payment). M/S/P Fraser. Mazzara - to approve Claims as amended: #84300 for McQueen is deleted and should be Spartans Specialities in the amount of $166.48 (for the Christmas mugs). (4 ayes) 4. Renewal of Liquor Licenses: This item was tabled until the 12/6/ 3 City Council meeting with the exception of the liquor license transfer for the Elmo Inn. Ben Gorka, former owner of the Elmo Inn, introduced John Schiltz, its new owner. Mr. Gorka and Mr. Schiltz asked the Council to consider the liquor license transfer at this meeting as Mr. Schiltz would like to be open for business as soon as possible. Fraser suggested an extension of the matter so the Council would have time to review the application, and that the residents of Lake Elmo might have the opportunity to voice their opinion before the Council takes action. However, the consensus of the Council was that there have been no previous problems or complaints with the Elmo Inn and granting the transfer at this meeting would be proper. M/S/P Dunn/Mazzara - to approve a liquor license transfer to John Schiltz from Ben Gorka, contingent upon a favorable credit and personal reference check on Mr. Schiltz. (4 ayes) 5. Public Hearing: Vacation of Road Easements in Teal Pass Estates. Pursuant to public notice, this Public Hearing was opened at 7:30 p.m. Lake Elmo City Council Meeting 11-15-83 Page 2 Consultant Whittaker responded to questions from Mike Moen and Gary Schoonover regarding why the vacation of easement was requested, and the plans for the proposed road in Teal Pass Estates. Public Hearing was closed at 7:40 p.m. M/S/P Mazzara/Fraser - To adopt Resolution 83-71 to vacate the road easement in Teal Pass Estates, legal description as follows: 'h0 Wa6t 30 of rho :kollowi-nl aescrl.l)(.co property; All that part of Government Lot 2, Section 1.0, Township. 29 North) Range 21 West, Washington County Minnestoa described as follows: Commencing at the North8ast corner of said Government Lot; thence South 88 57'05" West., assumed bearing, along the North line of said Government lot, a distance of 558.73 feet to the point og beginning of the land to be described; thence South 1 ;1'09" East, a distance of 379.61 feet; thence South 23 23'43" West, a distance of 522.95 feet to a point in the Ngrtheaster.ly line of "DAWCIN ACRES"; thence North 36 54'53" West, on an assumed bearing along said Northeasterly line of "DAWC;N ACRES", a distance of 37.00 feet; thence North 59 41'19" West, a distance of. 135.28 feet along the Northerly line of "DAWCIN ACRES". to the most Northerly corner thereof; thence South 41°05'03" West, along the Northwesterly line of "DAWCIN ACRES", a distance of 374.57 feet to its intersection with the Northeasterly line of that certain public ro8d known as "LAKE JANE ROAD NORTH": thence North 67 15'37" West, along said public road, a distance of 167.54 feet to its intersection wit the West line of said Government Lot; thence North 1 29'28" West, along III the West line of said Government- Lot, a distance of 1006.47 feet to the Noorthwest corner of said Government' Lot; thence North 88 57'05" East, along the North line i of said Government Lot a distance of 758,58 feet to thee point of beginning, "the extension of Jerome Avenue N. from Foxfire to Jane Road North". (4 ayes) As the Council was somewhat ahead of the agenda schedule, they skipped to item 10-b, Hammes Mining Permit. City Administrator Klaers stated that the recommendations from the building official and himself, ie: to clean up the site where the house was storm damaged, fence off the buildings brick foundation and grade the land around that foundation; and, to contact Washington County regarding the condition of County Road 70 has been completed to the Building Inspectors satisfaction. That the staff, therefore, recommends extending the Mining Permit until April 30, 1984 to allow the Hammes' time to work on the other code violations. Klaers further stated that the Hammes' were making an effort and the staff was pleased with the improvements that have taken place. Lake Elmo City Council Meeting 11-15-83 Page 3 MIS/ Fraser/Mazzara-to extend the Hammes Mining Permit, as recommended by the City Staff, until April 30, 1984. Mazzara stated that Dorothy Lyons had contacted him and stated that she would like the mining permit extended for one year so as not to interfer with their mining operation. Deleted Fraser stated that April 30t-h-was an apbirtpapy-date,-t1te-weat-herr- per being a sor4sidering- €aetar,- however,- the pressure of a time limit Fraser has helped to get the improvements done to this point and would at 12/6/3be an assurance that the improvements continue. C.C. Dunn stated he still felt the mining permit should be tied to the Meeting mining violations, and anything more than that; he considered to be harrassment. He further stated that he had spoke with Chuck Swanson from Washington County and Mr. Swanson stated the County was not interested in restitution from the Hammes' for damage to County Road 70. Klaers stated that the condition of the road was brought to the attention of the City by the County Sheriff's Department, and that Dunn was correct in that Washington County was not interested in restitution for damages to County Road 70. M/S/P Mazzara/Dunn - to table the discussion until 9:30 p.m., or until the Hammes' were present to discuss the issue. (4 ayes) 6. Public Hearing: Shoreland Permit and Variances for Castle Design on Hill Trail North. Lots 226 thru 232 and the NEly 112 of vacated West Shore Drive adjoining Lot 22 , all in Lanes Demontreville Country Club. Pursuant to public notice, this public hearing was opened at 7:50 p.m. Ken Gervais, Vice President of Castle Design, stated that he spoke with the County Recorder and that the splitting of this parcel from its original parcel was done in 1977, and there was no record with the County that Lake Elmo had given any instructions to the County Recorder not to accept lot splits. Eder stated that this policy for lot splits goes back to about 1974. Tom Kelly, Attorney for Castle Design, pointed out that the lot size variance requested is not out of line with variances that have been requested and granted in the past on similar lots. The problems with the drainfield has been corrected entirely, that it no longer required a variance. The drainfield is now within the 75 foot limit from the high flood mark elevation. He further stated that other agreements requested (limiting the dwelling to two bedrooms, having the drainfield and septic system inspected on a regular basis) were acceptable to Castle Design. Lake Elmo City Council Meeting 11-15-83 Page 4 City Engineer, Larry Bohrer, discussed his memo of 11-10-83 and noted that he was in error in #3 Variances Required. That the 20 foot setback from the street still applies as there has not adopted the revision the City Council made to change this setback to 30 feet. There will, however, still be two variances required. Rollene Arndt, 7931 Hill Trail North voiced her objection to the variance to the ordinance, and stated that the site was hilly and felt there would be a drainage problem. Dunn stated his major concern was the lot size and the septic system. Discussion of the variances that have been granted in the area of Lanes Demontreville. Fraser made reference to Larry Whittaker's letter of 10/10/83 to Mr. Gervais, and asked that this letter be be recorded as part of this public hearing. Fraser further stated that the material in the latter part of this letter does indicate that this variance would be greater than the other variances granted, some of which she opposed, and she has also voted, in the past, against trenches of the drainfields being fitted between one another. Fraser stated she could not justify this variance. Klaers asked what changes, other than the drainfield, were made from the original application. Kelly responded that Castle Design was willing to construct a two bedroom home, and enter into any agreement the City wants in inspection of the drainfield. Mazzara stated that it was the responsibility of the City Council to prevent further problems in the Lane Demontreville area, and asked at what point do you draw the line in issuing variances. All of the other variances granted in this area were 100 percent of the average size. He further stated that he could not vote in favor of this variance, considering in particular, the problems we have had in this area. The Public Hearing was closed at 8:15 P.M. Eder asked how many drainfields were being repaired in the Hill Trail area, and Bohrer stated that approximately thirty were being repaired in the Tri-Lakes area, and half of them are in the Lanes Demontreville area. M/S/P Fraser/Dunn - To deny the Shoreland Permit and Variances for Castle Design on Hill Trail North. (Lots 228 thru 232 and the NEly 1/2 of vacated West Shore Drive adjoining Lot 228, all in Lanes Demontreville Country Club. (4 ayes) Fraser felt that the request was too far from meeting the requirements. Eder concurs, and added that there has not been a significant change from the original request. Lake Elmo City Council Meeting 11-15-83 Page 5 7. Engineer's Report: a. Castle Design - Drainage problem on the parcel of land owned by Castle Design. Discussion of the City storm sewer that discharges about the middle of this parcel (Lots 228 thru 232 in Lanes Demontreville). Bohrer analyzed the corrective actions that could be taken as outlined in his letter of 11/4/83 and stated further that regardless of which of his suggestions were chosen, the work could not be done until the spring of 1984. Gervais asked Bohrer if the $1,000 proposal included removing the the gravel and restoring his property. Bohrer stated that he had walked over the property, and did not see a gully, but in answer to the question, there was no allowance included in the $1,000 figure for restoration other than restoration for the pipe installation. M/S/P Mazzara/Fraser - to adopt City Engineer's recommendation, ie: to extend the storm sewer south along the edge of Hill Trail approximately 132 feet to the south line of the Castle Design property and there discharge to Lake Demontreville. This would also require obtaining a drainage easement along the old vacated Shore Drive, unless an easement was retained when vacated. This proposal requires about $1,000 for pipe material costs and about 4-5 days crew and equipment time. (4 ayes) t Discussion as to when the work would be done. Bohrer stated that his reason for waiting until spring was the availability of blacktop. Consensus of the City Council was to address the matter as something that should be done as soon as feasible this next spring. b. Final acceptance and final payment for Jamaca Court (Aschbach Construction). Bohrer stated that the Jamaca Court Improvements were complete and recommended the project be accepted and final payment authorized to Ashbach Construction in the amount of $14,385.67. M/S/P Dunn/Mazzara - To accept the Engineer's Report and authorize payment to Ashbach Construction in the amount of $14,385.67. (4 ayes) Bohrer pointed out that there was a "soft spot" in the road, which was not the fault of the contractor, and feels it should be fixed in the spring. Bohrer has given an estimate of $150.00 for this repair, which should be included in the total cost of the improvements. C. Final acceptance and final payment for Reid Park r Improvements (Mogren Brothers). 1 Lake Elmo City Council Meeting 11-15-83 Page 6 Bohrer stated that the Reid Park improvements are substantially complete. (The contractor was sent a list of some minor corrections and he has been working on them). Bohrer recommended ( that the project be accepted and award final payment to Mogren Brothers Landscaping in the amount of $37,895.25, contingent upon the approval of the Parks Commission. M/S/P Fraser/Dunn to accept the Engineer's Report and authorize payment to Mogren Brothers Landscaping in the amount of $37,895.25, contingent upon the approval of the Parks Commission. (4 ayes) d. Authorize payment for Tablyn Park improvements. (Buberl Landscaping). Bohrer stated that the landscaping in Tablyn Park has been completed and recommended the work be accepted and final payment be issued to Buberl Landscaping in the amount of $1,255.00 contingent upon the approval of the Park Commission. M/S/P Dunn/Mazzara - to accept the Engineer's Report and authorize payment to Buberl Landscaping in the amount of $1,255.00, contingent upon the approval of the Parks Commission. (4 ayes) e. Jane Road North petition. Jim Weyer asked, on behalf of the Jane Road North petitioners, to table this topic until there was a full Council present. The Jane Road North petition was tabled until the December 6th City Council meeting. The City Staff is to meet with the Jane Road North petitioners on November 29th at 7:00 p.m. for an open discussion, public hearing type meeting. f. Seal Coating Project: Bohrer stated that the .City has received the invoice from Washington County for the labor, equipment and materials for the seal coating. Bohrer further stated that the total amount is $49,347.83, and this amount was lower than what the City had estimated in the overall City program, and recommended payment be issued to Washington County. M/S/P Mazzara/Dunn - to accept the recommendation of the City Engineer and make payment to Washington County in the amount of $49,347.83. (4 ayes). 8. Planning Commission Report; a. David Nelson rezoning application for R1 from RR for part of SE 1/4 of SE 1/2 of Section 26. Lake Elmo City Council Meeting 11-15-83 Page 7 Since approval of the application would take four positive votes to pass, and there were only four Council members present, Mr. Nelson requested that he be able to make his presentation so as it get a general feeling of how the Council felt about this application. Nelson presented his proposed site plan and a soil map of the ten acres he intends to develop. He discussed the covenant that was suggested by the Planning Commission. ie; each prospective buyer would be informed of a potential noise nuisance before making a purchase on this site. Klaers stated that he discussed the proposed covenant with the City Attorney, and his opinion is that a covenant attached to a development agreement and filed at the County would be feasible. Dunn asked how effective a covenant would be, and Klaers stated that that would be something the City Attorney would best answer. However, it would mean that the City had made every effort possible to protect any prospective buyer. Eder asked Mr. Waterous (Gun Club President) if the Gun Club was opposed to the proposed development, and if so, to what extent. Mr. Waterous stated that if the track to the west of the Gun Club (the Hammes prperty) was to develop, it could put pressure on the Club to move the ranges that are on the west side over to the ( east side. That there is now a minimum of clearance on the east side, so there is the possibility of a future request to move some of the ranges over to the east, and with a cluster of homes there, it could present a problem to the Gun Club. Denny McCarty (President Elect of the Gun Club) stated that a covenant will not prevent anyone from offering litigation against the existance of the Gun Club. He further stated that if this application is approved, the Gun Club would like it on record that they are very much in favor of a covenant, but do not consider it a safety wrap for the Club. He also pointed out that the issue of safety was not given much concern by the Planning Commission. The Gun Club would have to be satisfied that some steps were taken to provide complete safety to the people in the homes just outside the area of the range. Eder stated that he did not agree that local children were going to be a problem. That by introducing any new families in the area to the Gun Club could eliminate the curiosity. Mazzara stated that Mr. Nelson's proposal was quite different than the original Nelson/Hagman proposal and could go along with this new proposal. ! Dunn statedthathe would not vote in favor of the application at this meeting as a more serious look should be made at the drainage, etc. Furthermore, Mr. Nelson has indicated that there is going to be a difference of opinion as to what constitutes safety, noise levels, etc, and that we had better be prepared for some form of dispute over these land uses. Lake Elmo City Council Meeting 11-15-83 Page 8 M/S/P Fraser/Mazzara - to table the application until a full council is present. (4 ayes) (Will be placed on the December 6th City Council Agenda). b. Shoreland District zoning ordinance change for front setback. M/S/P Mazzara/Dunn - to adopt Ordinance 7956 amending page 307-3 of the Municipal Code of Lake Elmo to provide for a 30 foot street setback in the shoreland where 20 feet was required. (4 ayes) C. Call a Public Hearing for William Stouvenel for simple lot subdivision and variances application for 12/6/83 at 7:30 p.m. for lot 1, block 1 of Brookman Addition. M/S/P Fraser/Mazzara - to call a Public Hearing for William Stouvenel for simple lot subdivision and variances application for 12/6/83 at 7:30 p.m. for lot 1, block 1 of Brookman Addition. (4 ayes) 9. Council Reports: a.Proclamation: M/S/P Mazzara/Dunn - to proclaim Wednesday, November 16, 1983, as Community Education Day in District #834. (4 ayes) i 10. Administrators Report a. Cottage Grove Joint Power Agreement. Eder stated that on page 10, Section 4.10 of this agreement, the period after "annually" should be deleted and inserted after "July 1" M/S/P Mazzara/Eder that the City Council agrees in principle to the Cottage Grove Joint Powers Agreement as drafted, and as amended. (4 ayes) b. Hammes Mining Permit (continued) M/S/P Fraser/Dunn to remove the motion from the table and to remake the previous motion, ie: to accept the staff's recommendation to extend the mining permit until April 30, 1984. (4 ayes) Dorothy Lyons stated that the Hammes' attorney had asked the City Council to separate the mining permit from the non -mining violations. Fraser stated that she felt that it is entirely correct and proper for the Council to take the action that it has. That over a period of several years, problems have been unresolved, and now that the City is being firm thru the limiting of the permit, we have seen good progress. Lake Elmo City Council Meeting 11-15-83 Page 9 Lyons stated that they are the fourth and fifth generation on this property, and that they have always tried to work with the City. Mazzara stated that the April date is arbitrary, but feels that if the violations are unrelated to the mining operation, and given the progress that has happened thus far, we should divide the two. Then if things are not resolved, take the hard line and do it the way it should be done. Fraser stated the problem with doing it the way Mazzara suggested was that it could cost possibly thousands of dollars in legal fees. (2 ayes 2 nays <Dunn, Mazzara>) M/S/P Dunn/Mazzara - to extend the mining permit until December 6, 1983. (4 ayes) C. Capital Outlay items in '83 Budget: fire proof file, computer equipment and council microphones. M/S/P Fraser/Dunn - to authorize the staff to get quotes or prices on a fire proof file, computer equipment and council microphones. (4 ayes) d. City Christmas Party: Date/Plans M/S/P Fraser/Dunn - to accept the bid from Suzanne's Cuisine in the amount of $369.36 to provide "goodies" for the Christmas Party to be held at City Hall on Friday, December 16th, from 4:30 to 7:00. (4 ayes) 4 e. Park Shelter•' Workers - Advertise for Help: M/S/P Fraser/Dunn - that the Administrator be authorized to advertise for Park Shelter workers; or to recommend last years workers if he so desires. (4 ayes) f. Other: Annual State Planning Institute in St'. Paul. M/S/P Fraser/Mazzara - to authorize payment of $25.00 enrollment fee for any Planning Commission member that wants to attend the Annual State Planning Institute to be held on Friday, December 9th from 8:30 to 4:30 at the St. Paul University of Minnesota Campus. (4 ayes) M/S/P Dunn/Mazzara - to adjourn City Council meeting. (4 ayes) Resolution 83-71 - Vacate the road easement in Teal Pass Estates. Ordinance 7956 - Shoreland Ordinance amending street setback. City UI h LAKE [LMfI i j ( I i Grey of Lak� 3880 i 777-5510 Laverne Avenue North 1 Lake Elmo, Minnesota 55042 October 10, •1.983 Mr. Kenneth D. Gervais Vice'President Castle Design and Developments 2419INo. Margaret St. North North St. Paul, Minnesota I55109 RE: Lots 228--232, Lanes DeMontreville Country Club.; Lake Elmo I Dear, Mr. Gervais: I have asked the City Engineer and. Superintendent of Public Works to inspect the drainage problems on ,your lot that you believe are caused by run -off from the City street. As soon as they have made their report, I will get in tonch with you. I I would only make one caution, if there i.s"a natural drainage way across ,your property, it: is illegal. to obstruct it. So, it would be best to determine ,if the area in questions is a natural drainage -way before making any modifications to,it. It there is a practical and economical way for the City to mitigate the problem, I am sure we will !do it, In regard to your other.queistions about the Variances granted in that neighborhood, I offer the following summary of those considered in the past few !years. If you need additional in- formation, I suqqest you review the files in our offices and purchase copies, of whatever material you feel is relevant. Three new homes were constructed on vacant, undersized lots in either Lanes DeMontreville 'Country Club or J.L. Cohn Addition in the past five years. They are the Steven Larson home, the Dean Johnston home, and the Pat Sinclair home. Larsons parcel had .44 acres above the high flood met all yard setback requirements provided for, two "moundrtype" drainfields more than 75 feet from the high flood mark made all improvements above the minimum building elevation. I It required Variances for: the "mound --type" systems, subject to annual. in- spection and a report to the City on system functioning placing the sewer system within 20 feet of the. building - but it was 1.0 feet from an unoccupied part of the building minimum lot 'size - he had ,44 acres where .90 acres are required.' Y Mi. Kenneth D. Gervias October 10, 1983 page two i Johnston had .57 acres above the Meth flood he met all �ard setback requirements his home was!50 feet from the .lake and was con- structed above thei,minimrun building elevation his sewer system was the full 75 feet from the the high flood mark and his home had to be limited to two bedrooms by recorded agreement because the city was not confident the lot could support a larger sewer system It required Variances for: an exceptionito minimum lot size the setback of the home from the lake and permission to put his sewer system 10 feet from. an uninhabited part of the structure. Sinclair.had.84 acres of land but had frontage on both lakes DeMontrevill.e and Olsen which made it difficult to develop his lot. Fie needed Variance's for: Lot size Lot width -- he had just under 125 feet on the existing parcel of_irecord 74 foot setback from Lake DeMontreville and 54 foot setback from Lake Olsen backwater i for a slope of 2:1 on the lot where 6:1 slope required, as this actually improved the slope of the existing lot for the placement of fill below the normal ordi- nary high water mark for a dgi<veway access for a 10 foot setback of the drainfie'ld from the house His sewer system was at. least 75 feet from the lake. You can see that all of these lots had more land above the high flood mark than your Clot and all met the sewer setback require- ments from•the lake. All of the owners also signed agreements holding the City harmless for sewer system failure and agreeing to have them inspected each year for compliance with City standards. Two of the owners agreed to limit the homes to two bedrooms per recorded agreement. If I can be of any further assistance, please call. Very truly yours, , Laurence E. Whittaker Assistant City Administrator r, 84276 84277 84278 84279 84280 84281 84282 84283 84284 84285 84286 84287 84288 84289 84290 84291 84292 84293 84294 84295 84296 84297 84298 84299 84300 84301 84302 84303 84304 84305 84306 84307 84308 CLAIMS TO BE APPROVED AT NOVEMBER 15, 1983 LAKE ELMO COUNCIL MEETING Menard's - Park Dept, $ Adeline Ringwelski - park gate 8/28 thru 11/8 City of North.St. Paul - Animal control vehicle MN Assn of Civil Defense Directors 1984 dues MN Public Employer Labor Relations Assn, workshop Four Seasons Services Junker Sanitation Zignego Agency, Inc. Notary Bonds Mary Kueffner - 2 books for computer Washington County - V.B'.W,D..Project 1006 Chanhassen Dinner Theatres - gift certificate for Edna Mary Meyer 11/8/83 newsletter Ilene Johnson •- Planning Commission 10/24 minutes Washington County Planning Dept, - Bldg. Inspections TKDA .General 685.69 Jane Road 113.60 Jamaca Ct. 205.79 Reid Park. 527.07 M.S.A. 195.95 Water Fund 120.20 Pass Thru ' '"227.20 U of M - Fire Dept. films Lake Elmo Hdw. LHr. - fire dept bldg. repairs Kunz oil Co. - Fire Dept, gas Lake Elmo Oil - Fire Dept. 36.03 Maint„ Dept. 1,754.8_4 Meyer Mercantile - Fire Dept. 18.29 Maint. Dept. 72.90 Parks Dept, 3.95 T. A. Schifsky & Sons - MC mix Moelter Construction Co, - limestone Carlson Tractor & Equip. - repairs & parts Reliance Electric Motors - grinder repair switch ZacQueen Pqu3pr Ine--��ucl shoes �o7 �a Suburban Lighting - Maint. Bldg. Bathke Co. - oxygen Steve Pott - Fire Dept. Gordon Iron & metal Co. Oswald Fire Fiose - Fire Dept. adapter Brockman Motor. - Fire Dept. truck repair 22,11 142.00 125.00 3.00 50.00 54.15 42.00 90.00 25.34 9,000.00 50.00 200.00 89.90 78.53 2,075.50 8,00 13.20 55.50 1,790.87 First National Bank of St. Paul - Park Bond Service Chg. Metro Waste Control Commission - sewer service chg. Water Products Co. - Water Dept. 95.14 22.00 137.03 75,28 23.95 193.44 30.51 9.25 23.74 70.00 229.38 32.95 67.25 71.84 84309 thru 84321 November 25th payroll 5,000.00 $ 19,996.86